PART 3: PARENTAL RESPONSIBILITIES

Section 18: Parenting Orders under the 1998 Act

52.     This section amends the existing power to make parenting orders contained in section 8 of the Crime and Disorder Act 1998 by removing the restriction that guidance and counselling sessions cannot be provided more than once in any week. The term "sessions" is replaced by the term "programme". The new section also inserts a new power to allow a programme to consist of or to include a residential course provided the court is satisfied that this is likely to be more effective than a non-residential course and that any interference with family life is proportionate.

     Section 19: Parenting contracts in cases of exclusion from school or truancy

53.     This section sets out provisions for schools and local authorities to enter into parenting contracts. Local education authorities (LEAs) and schools will not be required to use parenting contracts and parents will not be required to sign them. For parents, signing a contract will be voluntary.

54.     Subsections (1) and (2) explain the circumstances in which a school-related parenting contract can be made. They are where a pupil has:

• been excluded from school for a fixed period or permanently; or

• failed to attend regularly at the school at which he is registered.

55.     Subsection (3) enables local education authorities and schools to make such contracts with parents. Subsection (4) defines a parenting contract as a document containing (a) a statement by the parent that he agrees to comply with the requirements laid down by the contract for the specified period; and (b) a statement by the local education authority or school governing body that they will provide or arrange support to the parent to help them comply with the requirements. Subsection (5) provides for the requirements to include attending counselling or guidance sessions. Subsection (6) defines the purpose of the requirements as improving the pupil's behaviour and/or securing his regular attendance at school. Subsection (8) means that parenting contracts cannot result in certain types of legal action by either party - these are actions for breach of contract and for civil damages.

56.     This section complements section 25, which enables youth offending teams to arrange parenting contracts for parents of children who have engaged or are likely to engage in criminal conduct or anti-social behaviour.

     Section 20: Parenting orders in cases of exclusion from school

57.     Existing legislation provides for parenting orders for parents convicted of school attendance offences. This section complements that provision by enabling LEAs to apply to magistrates' courts for parenting orders for parents of children who have been excluded from school.

58.     Subsection (1) defines the circumstances in which parenting orders in cases of exclusion from school may be made. These are where a pupil has been excluded from school for a fixed term or permanently and where conditions prescribed by regulations made the Secretary of State for Education and Skills for England or the National Assembly for Wales are met.

59.     Subsection (2) and subsection (3) enables local education authorities (LEAs) to apply for parenting orders in such circumstances and magistrates' courts to make them. Subsection (4) defines a parenting order as an order that requires the parent to comply with the requirements specified in the order for a period of up to one year, and with one exception, set out in subsection (5), attend a counselling or guidance programme specified by the LEA or school representative overseeing the order (the responsible officer) for up to three months. Subsection (5) makes the requirement to attend a counselling or guidance programme an optional part of an order made for a parent who has already been subject to a parenting order. Subsections (6) to (8) state that the counselling or guidance programme may include a residential component when the court considers that this is likely to be more effective than a non-residential course and where any interference with family life is proportionate.

60.     An LEA may apply for a parenting order as a first response or it may make an application following a parent's refusal to sign, or breach of, a parenting contract. This section complements section 26, which enables youth offending teams to apply for parenting orders for parents of children who have engaged or are likely to engage in criminal conduct or anti-social behaviour.

     Section 21: Parenting orders: supplemental

61.     This section relates to the process of making a parenting order under the previous section. Subsection (1) prescribes some of the things a court must take into account in deciding whether to make a parenting order; these include any previous refusal by the parent to sign a parenting contract, or any failure to comply with a contract which they have signed. Subsection (2) requires the court to obtain and consider information about a pupil's family circumstances and the effect on an order on those circumstances before making an order.

62.     Subsection (3) applies section 9(3) to (7) of the Crime and Disorder Act 1998 (the Act that established parenting orders) to these parenting orders. These provisions:

• require the court to explain to the parent the effect of the order and the consequences of breaching it;

• specify that, as far as practical, the requirements in the order and directions given under it should not conflict with a parent's religious beliefs or interfere with a parent's work or education;

• enable the court to discharge or vary the order; and

• make parents convicted of failing to comply with requirements in or directions given under an order liable to a fine.

63.     Subsection (4) enables regulations to be made by the Secretary of State for Education and Skills for England and the National Assembly for Wales to make provision as to how the costs associated with the requirements of a parenting order (including counselling or guidance sessions) should be met. Subsection (5) allows the Secretary of State for Education and Skills for England and the National Assembly for Wales to issue guidance which local education authorities and responsible officers would have to take into account in deciding whether to apply for a parenting order and what counselling or guidance sessions should be specified.

Section 22: Parenting orders: appeals

64.     Subsection (1) provides that an appeal against a school exclusion-related parenting order is to the Crown Court. Subsection (2) applies provisions of the Crime and Disorder Act 1998 to such appeals. These provisions:

• enable the Crown Court to make any orders needed to give effect to its determination of the appeal; and

• require any order made by the Crown Court (other than an order for re-hearing by the magistrates' court) to be treated as an order by the magistrates' court from which the appeal was brought.

Section 23: Penalty notices for parents in cases of truancy

65.     Parents of a registered pupil whose child fails to attend school regularly are guilty of an offence. At present, prosecution is the only available sanction. Fixed penalty notices will provide an alternative. This section enables authorised local education authority and school staff and the police to issue such notices, although there is no requirement for them to do so.

66.     Section 444 of the Education Act 1996 provides that a parent commits an offence if his or her compulsory school age child who is a registered pupil fails to attend school regularly. Subsection (1) of this section adds two new sections (444A and 444B) after section 444.

67.     New section 444A(1) enables an authorised officer to issue a penalty notice where he believes that a parent has committed an offence under section 444 and that the pupil in question is registered at a relevant school. New section 444A(2) specifies that a penalty notice offers the parent the opportunity of discharging any liability to conviction for the offence by paying a penalty in accordance with the notice (the notice will specify the amount to be paid and deadlines for payment). New sections 444A(3) and 444A(4) prevent the parent from being prosecuted for the particular offence for which the notice was issued until after the final deadline for payment has passed and from being convicted of that offence if he pays a penalty in accordance with the notice. New section 444A(5) provides for penalties to be paid to local education authorities. New section 444A(6) enables local authorities to use revenue for purposes specified in regulations. Local authorities will be able to use such revenue to pay for the administration and enforcement of penalty notices.

68.     New section 444B(1) enables the Secretary of State to make regulations governing the form and content of penalty notices, the monetary value of penalties, how the local authority to which a penalty is payable will be decided, methods by which penalties may be paid, records to be kept and the types of staff whom local education authorities or headteachers may authorise to issue notices. The regulations will also govern the circumstances in which penalty notices may be issued, the withdrawal of penalty notices in prescribed circumstances and preventing or stopping prosecution for the particular offence for which the notice was issued, the issuing certificates confirming payment of the penalty, the action to be taken if a penalty is not paid and codes of conduct relating to penalty notices.

69.     The Department for Education and Skills will consult local authorities, headteachers and the police about implementation before determining these details. Section 444B(2) allows the regulations provide for different penalty levels for different circumstances and payment periods. Among other things, this makes lower penalties for early payment possible. Section 444B(3) requires local education authorities, headteachers and all authorised officers to have regard to guidance on penalty notices published by the Secretary of State for Education and Skills.

70.     Subsection (2) amends section 572 of the Education Act 1996 (which deals with the service of notices) to make it clear that a penalty notice may be handed to a parent as well as delivered to his home.

71.     Subsections (3) to (8) amend Schedules 4 and 5 of the Police Reform Act 2002 to enable community support officers and accredited persons to issue penalty notices for truancy. They will be able to issue fixed penalty notices to parents in their police area regardless of where the child is at school. Subsections (9) and (10) allow the National Assembly for Wales to make an order applying these provisions to Wales. If such an order is made regulations for Wales will be made and guidance issued by the National Assembly.

Section 25: Parenting contracts in respect of criminal conduct and anti-social behaviour

72.     This section makes provision for parenting contracts to be entered into when a child has been referred to a youth offending team.

73.     Subsections (1) and (2) set out the circumstances in which a parenting contract can be made. This is where a child or young person has been referred to a youth offending team and where a member of that team has reason to believe that he has engaged, or is likely to engage, in criminal conduct or anti-social behaviour.

74.     Subsection (3) explains that a parenting contract is a document containing a statement by the parent that he will comply with the requirements specified in the contract and a statement by the youth offending team that it agrees to provide support to the parent to help him comply with the requirements of the contract. Subsection (4) states that this may include a requirement for the parent to attend a counselling or guidance programme.

75.     Subsection (5) describes the purpose of a parenting contract being to prevent the child or young person from engaging in criminal conduct or anti-social behaviour or further criminal conduct or anti-social behaviour. Subsection (6) specifies that the contract must be signed by both the parent and on behalf of the youth offending team.

76.     Subsection (7) sets out that there are no obligations in contract or tort for the breach of the contract. However, the youth offending team could use its experience of the parents' engagement during the contract process in any future application for a parenting order under section 26.

77.      Subsection (8) requires youth offending teams to have regard to guidance on parenting contracts which may be issued by the Secretary of State.

78.     This section complements section 19 which enables local education authorities or governing bodies to arrange parenting contracts for parents of children who have been excluded from school for a fixed period or have failed to regularly attend the school at which they are registered.

Sections 26 - 29: Parenting orders in respect of criminal conduct and anti-social behaviour

79.     Sections 26 - 29 make provision to extend the circumstances in which parenting orders in respect of criminal conduct or anti-social behaviour can be made under sections 8 to 10 of the Crime and Disorder Act 1998. Subsections (1) and (2) of section 26 outline the circumstances in which the youth offending team can apply to the court for a parenting order. Subsection (3) sets out the circumstances in which the court can make the order. Subsection (4) sets out what the requirements of the parenting order will be.

80.     Subsection (5) of section 26 mirrors the provision in section 8(5) of the Crime and Disorder Act 1998 that a parent is not necessarily required to attend a counselling or guidance programme when a parent has already been subject to a parenting order. However, if a parent has entered into a parenting contract including a guidance or counselling programme he may still be required to attend such a programme by a parenting order. Subsection (6) allows the programme to include a residential component where the conditions set out in subsections (7) and (8) are met.

81.     Subsection (1) of section 27 provides that in deciding whether to make a parenting order, the court must consider any refusal by the parent to enter into a parenting contract under section 25 or any failure to comply with the requirements of such a contract. Subsection (2) of section 27 requires that where the child or young person is below 16 the court must, before it makes the order, consider the likely effect of the order on his family circumstances. Subsection (3) of section 27 applies provisions of the Crime and Disorder Act 1998 to these parenting orders. These provisions:

• require the court to explain to the parent the effect of the order and the consequences of breaching it;

• specify that, as far as practical, the requirements in the order and directions given under it should not conflict with a parent's religious beliefs or interfere with a parent's work or education;

• enable the court to discharge or vary the order; and

• make parents convicted of failing to comply with requirements in or directions given under an order liable to a fine.

82.     Subsection (4) of section 27 requires youth offending teams to have regard to guidance on these parenting orders which may be issued by the Secretary of State.

83.     Subsection (1) of section 28 specifies that appeals again parenting orders under section 26 will be to the Crown Court and subsection (2) applies the mechanisms for appeal set out in section 10 of the Crime and Disorder Act 1998.

84.     Section 29 sets out the meaning of terms used in sections 25-28. "Anti-social behaviour" means behaviour which causes or is likely to cause harassment, alarm or distress to one or more other persons not of the same household as himself and "criminal conduct" is defined to include behaviour by children below the age of criminal responsibility that would be criminal were they above that age.

85.      "Child" and "young person" have the same meaning as in the Crime and Disorder Act 1998. A "child" is a person under the age of 14. A "young person" is a person who has attained the age of 14 and is under the age of 18. All reference to "parent" includes "guardian" which takes its meaning from the Children and Young Person Act 1933 and includes anyone who, in the opinion of the court, has for the time being the care of the child or young person.

86.     A "youth offending team" has the same definition as in the Crime and Disorder Act 1998. The Crime and Disorder Act 1998 sets out that it is the duty of each local authority to establish for their area one or more youth offending teams. This will include at least one of the following:

• an officer of a local probation board;

• a social worker of a local authority social services department;

• a police officer;

• a person nominated by a health authority any part of whose area lies within the local authority's area;

• a person nominated by the chief education officer appointed by the local authority under section 532 of the Education Act 1996.

87.     Subsection (2) of section 29 provides that the definition of "youth justice services" in section 38(4) of the Crime and Disorder Act will be amended to include youth offending teams performing functions relating to parenting contracts and orders under sections 25-27.

PART 4: DISPERSAL OF GROUPS ETC.

Section 30: Dispersal of groups and removal of person under 16 to their place of residence

88.     This section contains new police powers to disperse groups of 2 or more and return young people under 16 who are unsupervised in public places after 9pm to their homes.

89.     These new powers will only be available where an authorisation has been made by an officer of at least the rank of superintendent regarding a designated area. Subsection (1) sets out the conditions which need to exist before this authorisation can be made. Before giving an authorisation, the officer must be satisfied that significant and persistent anti-social behaviour has occurred in the locality and that intimidation, harassment, alarm or distress has been caused to members of the public by the presence or behaviour of groups in that locality. Subsection (2) provides for an authorisation to be given for a period which does not exceed 6 months.

90.     When an authorisation has been made regarding a specific area subsection (3) sets out the circumstances where a constable in uniform can give the directions set out in subsection (4). Subsection (5) provides exemptions for lawful industrial disputes and public processions. Subsection (6) allows the police to return young people under 16 who are unsupervised in public places in areas covered by an authorisation after 9pm to their homes.

Section 31: Authorisations: supplemental

91.     This section sets out the process by which an authorisation can be made to designate an area for the purposes of the powers outlined in section 30. Subsection (1) sets out that the authorisation must be in writing, signed and specify the locality, the period of the authorisation and the grounds for giving it. Subsection (2) ensures that the local authority must agree to any authorisation before it is given by the relevant officer. Subsection (3) details the publicity arrangements for the authorisation and subsection (5) ensures that it is published before the beginning of the authorisation period. Subsections (6) to (9) deal with withdrawal of an authorisation.

Section 32: Powers under section 30: supplemental

92.     This section provides further detail regarding the directions that a constable can make under section 30. Subsection (1) sets out how a direction under subsection (4) of section 30 may be given, withdrawn or varied. Subsection (2) sets out the offence of knowingly contravening a direction and subsection (3) introduces a power of arrest. Subsection (4) ensures that where the power to take a young person under 16 home in subsection (6) of section 30 is exercised, the local authority should be notified.

Section 33: Powers of community support officers

93.     This section amends the Police Reform Act to allow community support officers to be given the powers to disperse groups and remove persons under 16 to their place of residence as described in section 30. Community support officers are civilian employees of police forces designated by chief officers to exercise a range of powers within the relevant police area.

Section 34:Code of practice

94.     This section gives the Secretary of State the power to issue a code of practice about the exercise of these powers. Subsection (1) states that the code of practice will cover the giving or withdrawal of the authorisations and the exercise of the power to disperse groups and return young people under 16 who are unsupervised in public places after 9 pm to their homes. Subsection (2) allows the Secretary of State to revise the code of practice. Subsection (3) requires the Secretary of State to lay the code and any revisions before Parliament. Subsections (4) and (5) requires both the officers giving the authorisation and exercising the powers under this Part to have regard to the code.

Section 35: Authorisations by British Transport Police

95.     This section ensures that the powers to make authorisations and to make directions in this Part of the Act apply to British Transport Police officers.

PART 5: FIREARMS

96.     This part of the Act introduces a number of changes to the Firearms Act 1968 with a view to tackling the misuse of air weapons and imitation firearms, and introducing stricter controls over especially dangerous air weapons.

Section 37: Possession of air weapon or imitation firearm in public place

97.     This section amends section 19 of the 1968 Act, which deals with the carrying of firearms in a public place, so as to include air weapons and imitation firearms. These amendments mean it will be an offence to carry an air weapon (whether loaded or not) or an imitation firearm in a public place without lawful authority or reasonable excuse. An "imitation firearm" is defined in section 57(4) of the 1968 Act. It covers anything which has the appearance of being a firearm whether or not it is capable of discharging a shot or bullet. Subsection (3) makes this an arrestable offence by adding the new offence to the list of arrestable offences set out in Schedule 1A to the Police and Criminal Evidence Act 1984. This will be subject to a maximum penalty of 6 months imprisonment.

Section 38: Air weapons: age limits

98.     This section makes a number of amendments to sections 22, 23 and 24 of the Firearms Act 1968 in order to change the age at which a young person may own an air weapon and to tighten up on when it may be used unsupervised. The present limit is raised from fourteen to seventeen and it will also be an offence for anybody to give an air weapon to a person under seventeen. This means that no-one under 17 will be able to have an air weapon in their possession at any time unless supervised by someone who is aged at least 21 or as part of an approved target shooting club or shooting gallery. However, 14 to 16 year olds (inclusive) will be permitted to have air weapons unsupervised when on private land, provided they have the consent of the occupier. It will be an offence for them to shoot beyond the boundaries of that land.

Section 39: Prohibition of certain types of weapon

99.     This section contains a ban on air weapons that use the self-contained gas cartridge system, which are vulnerable to conversion to fire conventional ammunition and have been increasingly used in gun crime. The section adds the weapons to section 5(1) of the 1968 Act, thereby making them prohibited weapons which cannot be possessed, purchased, acquired, manufactured, sold or transferred without the authority of the Secretary of State. Provision is made for existing owners of the weapons to retain possession, provided they obtain a firearms certificate from the police.

100.     This section also creates an order making power that will enable the Secretary of State to prohibit or introduce other controls in respect of any air weapon which appears to him to be especially dangerous.

PART 6: THE ENVIRONMENT

Noise

Sections 40: Closure of noisy premises

101.     Section 40 allows a chief executive of a local authority to issue a closure order in relation to licensed premises or premises operating under a temporary event notice which are causing a public noise nuisance. Subsection (1) sets out the circumstances under which a closure order can be made. Subsection (3) states that the closure order can apply for a maximum of 24 hours, starting from the time when the notice was issued to the manager. Subsections (4) and (5) provide that if a person disobeys a closure order they are committing an offence and can receive a penalty of up to 3 months imprisonment or a fine of up to £20,000.

Sections 41: Closure of noisy premises: supplemental

102.     Subsection (1) of section 41 outlines the circumstances under which an order can be cancelled, and requires the officer issuing the order to inform the relevant licensing authority. Subsection (2) sets out the process by which the chief executive officer of a local authority can authorise environmental health officers to issue closure orders. Subsection (3) defines terms used in this section and in section 40.